Courts & Litigation

SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation

The Second Circuit affirmed a district court order granting SBK ART LLC's petition for discovery in aid of foreign litigation under 28 U.S.C. §1782. The court found that the district court did not abuse its discretion in allowing SBK to seek documents and deposition testimony from Akin Gump Strauss Hauer & Feld LLP for use in European proceedings.

Connecticut Fair Housing Center v. CoreLogic Rental Property Solutions - Fair Housing Act

The Second Circuit Court of Appeals vacated in part, affirmed in part, and reversed in part a lower court ruling concerning CoreLogic Rental Property Solutions. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials under the Fair Housing Act, but also found CoreLogic violated the Fair Credit Reporting Act.

Broadcast Music v. North American Concert Promoters - Antitrust Licensing Fees

The Second Circuit Court of Appeals vacated a district court's decision regarding music licensing fees between Broadcast Music, Inc. (BMI) and the North American Concert Promoters Association (NACPA). The court found the imposed rates and expanded definition of gross revenues to be unreasonable, remanding the case for further proceedings.

US v. Jimenez - Ammunition Possession Conviction Affirmed

The Second Circuit affirmed a district court's judgment against William Jimenez, who was sentenced to 105 months imprisonment for possessing ammunition after a felony conviction. The court upheld the special conditions of supervised release, including electronic device searches and mental health counseling.

Safdieh v. Comm’r - Tax Penalties for Foreign Business Reporting

The Second Circuit Court of Appeals reversed a Tax Court decision, holding that the Commissioner of Internal Revenue may assess penalties for failing to report control of foreign businesses under I.R.C. § 6038(b). This decision allows the IRS to collect the $50,000 in penalties assessed against Joseph Safdieh.

US v. Aryeetey - Felon in Possession of Firearm Conviction Affirmed

The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivanjoel Aryeetey for being a felon in possession of a firearm. The court found no abuse of discretion in admitting DNA evidence and deemed the sentence substantively reasonable.

Kellogg v. Nichols - Amended Court Opinion on Firearms Licensing

The Second Circuit Court of Appeals issued an amended opinion in Kellogg v. Nichols, affirming the dismissal of a lawsuit challenging New York's firearms licensing laws. The court upheld judicial immunity for state judges reviewing license applications and found federal jurisdiction lacking for injunctive and declaratory relief claims.

Peña Garcia v. Department of Labor - Workers' Compensation

The Second Circuit Court of Appeals denied a petition for review in Peña Garcia v. Department of Labor. The court affirmed the denial of reimbursement for medical cannabis edibles under the Longshore and Harbor Workers' Compensation Act, citing the Controlled Substances Act.

Miller v. Lamanna - Equal Protection Discrimination and Retaliation

The Second Circuit Court of Appeals vacated a district court's dismissal of a former corrections officer's discrimination and retaliation claims. The appellate court found the district court erred by converting a summary judgment motion into a Rule 12(b)(6) dismissal motion, considering only the complaint's allegations.

Bugliotti v. Republic of Argentina - Sovereign Bond Dispute

The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's dismissal of a case brought by bondholders against the Republic of Argentina. The court found that some of the bondholders' claims are timely and that they now have the authority under Argentine law to sue on the defaulted sovereign bonds.